The Travelers Indemnity Company v. Underwriters at Lloyd's
The Travelers Indemnity Company v. Underwriters at Lloyd's, London (Lloyd's London)
- Jesse Furman
- 1:24-cv-00734
- U.S. District Court · Southern District of New York
- 1
In The Travelers Indemnity Company v. Underwriters at Lloyd’s, Judge Furman required a service briefing before setting a new default-judgment deadline.
The Travelers Indemnity Company was required to address whether it properly served Underwriters at Lloyd’s, London (Lloyd’s London) before receiving a new deadline for a default-judgment motion.
What happened
In The Travelers Indemnity Company v. Underwriters at Lloyd’s, the court addressed Travelers’ request for a Clerk’s Certificate of Default against Underwriters at Lloyd’s, London (Lloyd’s London). The court had previously required Travelers to file a motion for default judgment by March 26, 2024.
Travelers did not file that motion. Instead, it filed a request for a Clerk’s Certificate of Default, which the Clerk’s Office deemed deficient, in part because service had not been properly completed.
Judge Furman ordered Travelers to file a letter brief by April 5, 2024, addressing whether service on the defendant was proper. He stated that the court would set another deadline for a default-judgment motion if it concluded that service was proper.
The detailed version
- The Travelers Indemnity Company v. Underwriters at Lloyd's · No. 1:24-cv-00734
- Jesse Furman
- Mar. 29, 2024
Background
The court’s March 12, 2024 order required The Travelers Indemnity Company to file any motion for default judgment by March 26, 2024. Travelers did not file that motion. Instead, it filed a request for a Clerk’s Certificate of Default. The Clerk’s Office deemed the request deficient on the same day, stating, among other things, that service had not been properly completed.
Court’s reasoning
The court explained that it cannot enter a default judgment unless it has jurisdiction over the defendant. That requires the defendant to have been effectively served with the legal papers starting the case. The court therefore required Travelers to address whether service on Underwriters at Lloyd’s, London (Lloyd’s London) was proper.
Ruling
Judge Jesse M. Furman ordered Travelers to submit a letter brief addressing proper service no later than April 5, 2024. The court stated that it would set another deadline for Travelers’ motion for default judgment if or when it concluded that service was proper. The order did not grant a default judgment or decide that service was proper.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.